PCC News Monthly July 2016 | Page 26

YCCA Home and Garden Tips Birds do not always build their nests in safe or suitable locations; such was the situation that recently occurred with a local contactor. An addition to a home was scheduled. The homeowner noticed birds flying in and out of a roof tile and called the contractor. The contractor being a “bird nerd” and not knowing what to do called YCCA. Myself, being a “bird nerd” and not knowing bird habits said “call Eric at Jayʼs Bird Barn.” Here is the bird scoop on birds, nests, and what to do: What does a contractor do or for that matter what does anyone do that discovers a bird nest that might be interfering with construction, interfering with home enjoyment, ingress or egress? Before removing bird nests, it is important to understand local laws involving wildlife removal as well as whether or not removing the nest is safe for the birds. There are Federal bird nest removal laws. It is a Federal offense and is illegal to remove or destroy any active nest from a native bird species, defined as a nest with eggs or brooding adults in it. If the nest has been abandoned or no eggs have yet been laid, it can be removed or destroyed as needed. Nests of invasive birds, such as house sparrows or European starlings, however, are not protected. The Migratory Bird Treaty Act of 1918 (MBTA), is a United States federal law, first enacted in 1916 in order to implement the convention for the protection of migratory birds between the United States and Great Britain. The statute makes it unlawful without a waiver to pursue, hunt, take, capture, kill or sell birds listed therein (“migratory birds”). The statute does not discriminate between live or dead birds and also grants full protection to any bird parts including feathers, eggs and nests. Over 800 species are currently on the list. Most bird nests are protected under the Migratory Bird Treaty Act. This law says: “No person may take (kill), possess, import, export, transport, sell, purchase, barter, or offer for sale, any migratory bird, or the parts, nests, or eggs of such bird except as may be permitted under the terms of a valid permit…”Under the MBTA it is illegal to destroy a nest that has eggs or chicks in it or if there are young birds that are still dependent on the nest for survival. It is also illegal for anyone to keep a nest they take out of a tree or find on the ground unless they have a permit issued by the U.S. Fish and Wildlife Service. Before removing any bird nest, determine whether or not the removal would be legal according to local, regional and national wildlife laws. Most birds are protected species and tampering with a nest could lead to hefty fines or other penalties. In the United States, for example, it is illegal to remove or destroy any active nest from a native bird species, defined as a nest with eggs or brooding adults in it. If the nest has been abandoned or no eggs have yet been laid, it can be removed or destroyed as needed. In most cases, it is only after the nesting season has ended and the birds have moved on that nests can and should be removed. Unsafe locations typically include... Near a door or busy walkway Inside a gutter or drainage pipe Inside dryer vents On equipment, such as a grill or lawn mower Inside a chimney 26 July 2016 pccnews Balanced on a car bumper or tire If birds have built their nests in these types of locations, it is best to remove the nest and discourage the birds from rebuilding in the same spot. If the dangerous nest already has chicks or eggs, it is best to contact a bird rescue organization to see if they can take in the baby birds until they are mature enough to leave the nest. It may also be possibly to move the nest to a safer location nearby. The parent birds will return to the nearby nest to continue raising their young, and after the fledglings have left, steps can be taken to keep the adults from reusing the unsafe location. If you do not want birds reusing the same area after you have removed a nest, it will be necessary to take steps to deter birds from rebuilding. Changing the shape of the surface where the birds constructed their nest – by adding a board or spikes to make it less welcoming – will help discourage nesting. Putting a cat, snake or owl decoy. Vigilance at the beginning of the nesting season will be critical, and removing nests before they are completed. Outcome of the nest in the roof tile… it was determined that the birds were House Finches. Both adult birds spent several days flying in and out of the tile until a few days ago when now both birds are in the nest area for most of the day. The thought is the House Finches are laying eggs or have already laid the eggs. The contractor and homeowner have not able to determine if there are eggs in the nest because of the nest location up in the tile. The homeowner and contractor have opted to delay this portion of the addition and wait until the birds have left the nest to start their flight in life.